B.Suresh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. No.21960 of 2024 in W.P.No.20061 of 2024 B.Suresh ... Petitioner Vs.
1.The District Collector, Collectorate, Tiruvannamalai, Tiruvannamalai District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tiruvannamalai - 606 601.
3.The Divisional Engineer, State Highways Department, Tindivanam Road, Tiruvannamalai - 606 601.
4.The Tahsildhar, Taluk Office, Kilpennathur Taluk, Tiruvannamalai District - 604 601.
5.The Block Development Officer, Village Panchayats (VP), Panchayat Union Office, Kilpennathur - 604 601 Tiruvannamalai District.
... Respondents Page Nos.1/10
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representations of the petitioner dated 31.08.2023, 14.09.2023, 30.09.2023 and counsel notice dated 20.11.2023 within the time frame as fixed by this Court.
For Petitioner :
Mr.S.Udayakumar For Respondents :
Mr.T.K.Saravanan, Govt. Advocate for R1 to R5 Mr.S.Arumugam, Govt. Advocate for R5
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed inter-alia qua a representation dated 31.08.2023 pertaining to alleged encroachment/obstruction in a 'lake comprised in Survey No.1/3E in Kalpoondi Village, Kilpennathur Panchayat Union, Kilpennathur Taluk, Thiruvannamalai District admeasuring 37.2 hectares or thereabouts' (hereinafter 'said lake' for the sake of convenience and clarity).
2. Mr.S.Udayakumar, learned counsel for writ petitioner who is before us drew our attention to the aforementioned representation Page Nos.2/10
dated 31.08.2023 in WP typed set and a scanned reproduction of the same is as follows:
Page Nos.3/10
3. Adverting to the aforementioned representation and reiterating the contents, learned counsel submitted that the aforementioned representation was followed up by way of two more Page Nos.4/10
representations dated 14.09.2023 and 30.09.2023 besides a notice through counsel dated 20.11.2023. Learned counsel submits that there is inaction on the part of respondents, this inaction is affecting agricultural activity of the writ petitioner and that has necessitated the filing of the captioned WP in this Court on 03.07.2024.
4. Issue notice regarding admission to respondents.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4 and Mr.S.Arumugam, learned Government Advocate accepts notice for R5. Learned State counsel submits that action qua aforementioned 31.08.2023 representation is underway.
6. We find that the legal perimeter within which the captioned main WP should now perambulate has vastly dwindled and therefore with the consent of learned counsel on both sides, main WP was taken up in the Admission Board itself.
7. Elaborating on the aforementioned submission, learned State counsel drew our attention to a communication dated 15.09.2023 from Page Nos.5/10
R1 (District Collector, Tiruvannamalai District) to R4 (Tahsildar, Kilpennathur Taluk, Tiruvannamalai District) and a scanned reproduction of the same is as follows:
Page Nos.6/10
8. Adverting to the aforementioned communication, learned State counsel submits that representation of writ petitioner is dated 31.08.2023 but it has inadvertently been mentioned as 30.08.2023 in the aforementioned communication. Learned State counsel submitted on instructions that this is a typographical error.
9. Be that as it may, learned State counsel submitted that post aforementioned 15.09.2023 communication from R1 to R4, there was inspection of said lake on 29.12.2023 by R3 (Divisional Engineer, State Highways Department, Tindivanam Road, Tiruvannamalai) and R3 had thereafter written to R4 requesting for a survey. Proceedings are underway and that it would be continued and concluded is learned State counsel's say on written instructions.
10. Learned State counsel also adds that it has prima facie come to light that the writ petitioner himself is one of the encroachers. We deem it appropriate not to express any view or opinion on this submission as when the matter proceeds, if it is a case of removal of Page Nos.7/10
encroachment, all the encroachers (including writ petitioner, if that be so) shall be show caused. All the rights and contentions of all the alleged encroachers including the writ petitioner are preserved qua their responses when show caused, de hors the disposal of the captioned WP, in other words, this order will neither impede nor serve as an impetus when aforementioned exercise which has been commenced is continued and concluded by carrying it to its logical end.
11. In the light of the narrative thus far, we deem it appropriate to dispose of the captioned WP by recording the stated position of the learned State counsel which has been articulated before us on the basis of the written instructions from R3. The exercise which has been commenced shall be continued and concluded on its own merits and in accordance with law as expeditiously as the business of respondents would permit preferably within eighteen weeks i.e., by 26.11.2024. Though obvious we make it clear for the sake of specificity that we have not expressed any view or opinion on the merits of the matter. Page Nos.8/10
12. Captioned WP is disposed of in the aforesaid manner. Consequently captioned WMP thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 23.07.2024 Index : Yes / No mmi To 1.The District Collector, Collectorate, Tiruvannamalai, Tiruvannamalai District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tiruvannamalai - 606 601.
3.The Divisional Engineer, State Highways Department, Tindivanam Road, Tiruvannamalai - 606 601.
4.The Tahsildhar, Taluk Office, Kilpennathur Taluk, Tiruvannamalai District - 604 601.
5.The Block Development Officer, Village Panchayats (VP), Panchayat Union Office, Kilpennathur - 604 601 Tiruvannamalai District.
Page Nos.9/10
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 23.07.2024 Page Nos.10/10